Court : Gujarat
Reported in : (2001)2GLR964
..... this act, the directive principle as contained in art ..... . the values which the legislature itself cherished so as to bring about this piece of legislature goes to show that the protection of wild life was the supreme purpose for which the act was brought about, and therefore, the protection of wild life and the better management thereof runs throughout the scheme of the act as a fibre to connect and inter-connect the various provisions and the whole scheme of the act is interwoven in a manner that there should be a strict vigilance and watch for the protection of the wild life and through .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1142
..... during kachchh earthquake, the petitioners had been mobilised to help non-governmental organisations and ordinary people in disaster management. ..... 481 and page 482 observed as under:7.8c(i) 'para.17 on the basis of the scheme, as promulgated by the government of india, the state government with the sanction of the governor of west bengal raised the battalion of border wing home ..... has confirmed the findings of the learned single judge, but only modified the order of the learned single judge to the effect that the judgment was in rem and levy of costs of rs.1000/- for each petitioner, was set aside.7.8b against the judgment of division bench, the matter went to the hon'ble supreme court.7.8c the hon'ble supreme court examined the scheme and also provisions of the bombay home guards act, 1947, and the rules, and in para 17 the court after considering the scheme on page .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2424
..... (6) whenever the persons from amongst whom a teacher or a head master is to be selected includes a person who is related to any member of the governing body or other body in charge of the management of the school or to any member of the school staff selection committee, or, as the case may be, the special school committee, the member concerned of such committee, shall disclose the fact of such relationship to the members of the committee and if any such person is selected by the committee, his selection shall be subject to approval by an officer of the board authorised in that behalf. ..... 'equal pay for equal work' is also pressed into service by the present petitioners on the ground that the petitioners are discharging the same functions and same duties at par with other secondary school employees, in the state, like assistant teacher, administration employee and peon.the principal grievance of the petitioners is that since the petitioners have been recruited after following the procedure prescribed under the gujarat secondary education act, 1972, by appointing them as shikshan sahayak, vahivati sahayak and .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR447
..... as regards the municipalities, section 80(2) of the gujarat municipalities act, 1963, inter alia, provides that all property of the nature specified therein, not being specially reserved by the state government, shall be vested in and belong to the municipality, and shall, together with all other property of whatever nature or kind, which may become vested in the municipality, be under its direction, management and control, and shall be held and applied by it as trustee, subject to the provisions and for the purposes of the act. ..... are under an obligation to make reasonable and adequate provision for 'the management and maintenance of all municipal water works and the construction or acquisition of the new works necessary for a sufficient supply of water for public and private purposes', under section 63(1)((20) of the bombay provincial municipal corporations act, 1949 and has discretion to provide for protection of the environment and promotion of ecological aspects, urban planning including town planning and regulation of land use, under sub-sees ..... it was held that the government, having noticed that a pond is falling in disuse, should bestow its attention on developing the same which would, on one hand, prevent ecological disaster and on the other provide better environment for the benefit of the public at large.6.2 the decision in m. c. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR839
..... as under :section 56(a) : 'save as hereinbefore provided in this act, any trustee of a public trust may apply to the court, within the local limits of whose jurisdiction the whole or part of the subject-matter of trust is situate, for the opinion, advice or direction of the court on any question affecting the management or administration of the trust property or income thereof, and the court shall give its opinion, advice or direction, as the case may be, thereon : provided that the court shall not be bound to give such opinion, advice or direction on any ..... 5 dated 27-12-1966 are in consonance with and within the powers of the committee vide clause 16(1) for the management of the properties pertaining to the swaminarayan temple at ahmedabad and the temples subordinate thereto framed by the bombay high court by judgment dated 10-10-1934. 3. ..... on mere perusing the provisions of charitable and religious trusts act, 1920 and the provisions of section 56(a) of the bombay public trust act, it is clear that the provisions of respective two acts are quite same to each other, and therefore, the principle laid down by the privy council in the case of babu bhagwan din (supra) is applicable to the facts of the case. ..... in view of several litigations, the matter regarding the management of the properties of the institution came to be decided by the bombay high court which framed a scheme by a judgment dated 10-10-1934 delivered by the division bench of bombay high court in appeal no. .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]109ITR177(Guj)
..... in his celebrated passage lord macnaghten observed that:'the company is at law a different person altogether from the subscribers.....and, though it may be that after incorporation the business isprecisely the same as it was before, and the same persons are managers, and the same hands receive the profits, the company is not in law the agent of the subscribers or trustee for them. ..... the width and amplitude of the power by contrast, it may be pointed out that while our company law follows almost to a word corresponding provisions of the english companies act, the latter act does not contain the provision in pari materia with section 392(1)(b) and, therefore, in order to mitigate any difficulty arising out of a suggestion that may be made while the scheme is being examined by the court to modify or rectify the scheme already approved by the creditors and/or members, the sponsor of the scheme is invested with the power in the ..... scheme itself to accept the suggestion that may be made .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1224
..... sayaji industries limited (hereinafter referred to as the company) came before the company court indicating that they are interested in the proper functioning and management of the company and have filed the petition for proper utilisation and application of the funds and assets of the company. ..... the learned company judge arrived at a conclusion that for obtaining the advantage under section 17 of the limitation act of 1963, the person claiming the benefit or advantage has to show to the satisfaction of the court that, the knowledge of his right upon which a suit or application is founded was concealed by the fraud by the other side. ..... on a conjoint reading of section 3 of the limitation act and order 14, rule 2, the learned company judge observed as under :-'as seen above, the substituted rule permits the court to decide the case on an issue of law only if that issue relates to the jurisdiction of the court or a bar to the suit created by any law, for the time- being in force.'27. ..... notice was, therefore, given on june 14, 1987 and as the person did not act in accordance with law despite the notice, the petition was required to be filed inter alia praying for rectification of the share registers of the company and also for deletion of the name of bipinbhai vadilal mehta and other. .....
Tag this Judgment!Court : Gujarat
Reported in : 1987ACJ451; [1987(54)FLR130]; (1986)2GLR1221; (1993)IIILLJ92Guj
..... despite this admitted position, at the stage of trial of the case, the employer has set up various technical and factual defences and has tried to resist the claim on untenable grounds, thus the legitimate claim of the widow of the deceased and the daughter of the deceased has been delayed for more than five years. ..... after hearing the parties arid after appreciation of evidence, the learned commissioner held that the provisions of the act were not applicable to the facts and circumstances or the case and therefore the application was liable to be rejected. ..... the learned commissioner further held that even though the electric motor pump is installed in the dairy farm and water is being lifted with the help of electric motor pump for the purposes of irrigation of fodder and for the purposes of filling in the trough for cattle, the activity carried on by the respondent-society would not be covered by the aforesaid definition of 'manufacturing process'. ..... it was also contended that the provisions of the act would not apply to the case inasmuch as no 'manufacturing activity' was being carried on by the respondent-society and the provisions of bombay shops and establishments act were not applicable.4. ..... was in reality, under the supervision, management and control of the saurashtra chemicals company ltd. .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR1055
..... the learned district judge raised a point for determination as to whether the decree can be executed against the judgment-debtor in view of the provisions contained in section 14 of the hindu succession act, 1956 and agreeing with the finding recorded by the trial court, he held that the decree was not executable, and in the result, dismissed the appeal with costs. ..... in a suit by widow for declaration the passing of the act, it was held that after the passing of the hindu succession act there was no longer in existence a limited hindu widow's estate in respect of the properties nor any reversionary interest in respect thereof. ..... according to him, she had no right or interest whatever in the property before and that it was not therefore a recognition of her right or interest in the property under the terms of the decree but that by reason of that decree itself she got certain right over the property subject to certain restrictions set out in clause (2) thereof and that, therefore, sub-section (2) of section 14 would operate as against the claim made by the respondent under section 14(1) of the act. ..... 1 inter alia contending that she has become the absolute owner in respect of the suit property by reason of section 14 of the hindu succession act, 1956 and that the plaintiff has no right or interest justifying him to take any action in pursuance of any such consent decree, and that therefore no such relief can be asked for as the decree bas ceased to be operative in law.3. .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]149CompCas417(Guj)
..... it is specifically mentioned in clause 6.5 of the scheme that the scheme is conditional and is subject to (a) the scheme being approved by the respective requisite majorities of the members (either by way of meeting or a letter of consent from the shareholders) and the creditors of each of the amalgamating companies and the amalgamated company under section 391 of the act, and (b) such other provisions, if any, as may be required under the provisions of the foreign exchange management act, 1999. ..... , in re [2004] 120 comp cas 108, wherein while allowing the petition, the andhra pradesh high court has held that since under sub-section (4) of section 394 of the companies act, 1956, the transferor company could be a body corporate and the transferor company was a foreign company coming within the definition of 'body corporate' under section 2(7) of the act, and as the transferee company was a company incorporated in accordance with provisions of the companies act there could be a valid scheme of arrangement for amalgamation between them. ..... , in re, decided on april 28, 2006 [2009] 149 comp cas 413, wherein similar issues arose and the court took the view that 'the term 'body corporate' appearing in section 394(4)(b) and the term 'company' appearing in section 390(a) of the act presents no situation of conflict. ..... 229 of 2006 in the case of zenta p. ..... 229 of 2006 zenta p. .....
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